Courts Administration Service Act (S.C. 2002, c. 8)
Full Document:
Assented to 2002-03-27
98. (1) Subsection 47(3) of the Act is replaced by the following:
Marginal note:Annuity to surviving children
(3) If a judge of a superior or county court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).
(2) Subsection 47(3) of the Act, as enacted by section 22 of the Nova Scotia Courts Amendment Act, 1992, chapter 51 of the Statutes of Canada, 1992, is replaced by the following:
Marginal note:Annuity to surviving children
(3) If a judge of a superior court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).
Marginal note:2001, c. 7, s. 25
99. Subsection 50(2.1) of the Act is replaced by the following:
Marginal note:Reduction of contributions
(2.1) A supernumerary judge, a judge who continues in judicial office after having been in judicial office for at least fifteen years and whose combined age and number of years in judicial office is not less than eighty, a judge of the Supreme Court of Canada who continues in judicial office after having held office in that Court for at least ten years and having attained the age of sixty-five years, or a judge referred to in section 41.1 is not required, on or after April 1, 2000, to contribute under subsections (1) and (2) but is required to contribute, by reservation from salary, to the Supplementary Retirement Benefits Account, in respect of the period beginning on that day, at a rate of one per cent of his or her salary.
100. Subsection 51(1) of the English version of the Act is replaced by the following:
Marginal note:Return of contributions where no annuity
51. (1) If a judge has ceased to hold office otherwise than by reason of death and, at the time he or she ceased to hold office, no annuity under this Act was granted or could be granted to that judge, there shall thereupon be paid to the judge, in respect of his or her having ceased to hold that office, an amount equal to the total contributions made by him or her under subsection 50(1) or paragraph 50(2)(a), together with interest, if any, calculated pursuant to subsection (4).
Marginal note:1996, c. 30, s. 4(1)
101. (1) The portion of subsection 54(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Leave of absence
54. (1) No judge of a superior court shall be granted leave of absence from his or her judicial duties for a period
(a) of six months or less, except with the approval of the chief justice or senior judge of the superior court; or
Marginal note:1992, c. 51, s. 24; 1996, c. 30, s. 4(1)
(2) Subsections 54(1.1) to (3) of the Act are replaced by the following:
Marginal note:Notification of leave by chief justice, etc.
(1.1) Whenever a leave of absence is granted under paragraph (1)(a), the chief justice or senior judge of the superior court shall, without delay, notify the Minister of Justice of Canada and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.
Marginal note:Notification of leave by Minister of Justice of Canada
(1.2) Whenever a leave of absence is granted under paragraph (1)(b), the Minister of Justice of Canada shall, without delay, notify the chief justice or senior judge of the superior court and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.
Marginal note:Report by chief justice, etc., of absence
(2) If it appears to the chief justice or senior judge of a superior court that a judge of the court is absent from the judge’s judicial duties without the approval required by subsection (1), the chief justice or senior judge, as the case may be, shall report the absence to the Minister of Justice of Canada.
Marginal note:Absentee judge to report
(3) Whenever a judge of a superior court is absent from the judge’s judicial duties for a period of more than 30 days, the judge shall report the absence and the reasons for it to the Minister of Justice of Canada.
102. Section 55 of the English version of the Act is replaced by the following:
Marginal note:Judicial duties exclusively
55. No judge shall, either directly or indirectly, for himself or herself or others, engage in any occupation or business other than his or her judicial duties, but every judge shall devote himself or herself exclusively to those judicial duties.
103. Subsection 57(3) of the English version of the Act is replaced by the following:
Marginal note:Expenses excepted
(3) In the cases described in subsection (1), a judge may receive his or her moving or transportation expenses and the reasonable travel and other expenses incurred by him or her away from his or her ordinary place of residence while acting in any such capacity or in the performance of any such duty or service, in the same amount and under the same conditions as if the judge were performing a function or duty as such judge, if those expenses are paid in respect of any matter within the legislative authority of Parliament, by the Government of Canada, and in respect of any matter within the legislative authority of the legislature of a province, by the government of the province.
104. (1) Paragraph 59(1)(e) of the Act is repealed.
(2) Subsection 59(4) of the English version of the Act is replaced by the following:
Marginal note:Substitute member
(4) Each member of the Council may appoint a judge of that member’s court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he or she is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council.
Marginal note:1992, c. 51, s. 26
105. (1) Subsection 60(1) of the Act is replaced by the following:
Marginal note:Objects of Council
60. (1) The objects of the Council are to promote efficiency and uniformity, and to improve the quality of judicial service, in superior courts.
(2) Paragraph 60(2)(a) of the English version of the Act is replaced by the following:
(a) establish conferences of chief justices and associate chief justices;
Marginal note:1992, c. 51, s. 27
106. (1) Subsections 63(1) and (2) of the Act are replaced by the following:
Marginal note:Inquiries
63. (1) The Council shall, at the request of the Minister or the attorney general of a province, commence an inquiry as to whether a judge of a superior court should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d).
Marginal note:Investigations
(2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court.
(2) Paragraph 63(4)(a) of the English version of the Act is replaced by the following:
(a) power to summon before it any person or witness and to require him or her to give evidence on oath, orally or in writing or on solemn affirmation if the person or witness is entitled to affirm in civil matters, and to produce such documents and evidence as it deems requisite to the full investigation of the matter into which it is inquiring; and
Marginal note:1992, c. 51, s. 28
107. Paragraph 69(1)(a) of the Act is replaced by the following:
(a) a judge of a superior court, or
108. Paragraphs 74(1)(b) and (c) of the Act are replaced by the following:
(b) prepare budgetary submissions for the requirements of the Council;
(c) be responsible for any other administrative arrangements that are necessary to ensure that all reasonable requirements, including those for premises, equipment and other supplies and services and for officers, clerks and employees of the Council for the carrying out of its operations, are provided for in accordance with law; and
109. Section 76 of the Act and the heading before it are repealed.
110. Sections 77 and 78 of the Act are replaced by the following:
Marginal note:Appointment
77. The officers, clerks and employees who are required by the Commissioner to carry out the Commissioner’s duties and functions under section 74 shall be appointed under the Public Service Employment Act.
Marginal note:Commissioner is deputy head
78. The Commissioner and the officers, clerks and employees appointed under section 77 shall be a portion of the public service of Canada that is separate from the Department of Justice and of which the Commissioner shall be the deputy head.
111. The English version of the Act is amended by replacing the word “his” with the expression “his or her” in the following provisions:
(a) subsection 42(3);
(b) subsection 51(2);
(c) subsection 53(5);
(d) section 64; and
(e) paragraph 65(2)(d).
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